SHRM - Employee and Labor Relations

To prevent retaliation, employers should take the following steps

- Adopt and disseminate a strong antiretaliation policy - Inform employees about the process for reporting alleged retaliation - Train managers on retaliation. - Remind supervisors of the organization's policy. - Monitor the treatment of employees. - Investigate allegations and take corrective action if necessary.

Employee Relations Strategy should include:

- Alignment with the organizational strategy - Alignment with employment laws and business practices - A vision describing the type of workplace culture the leaders hope to create - The values upon which the strategy is built - Goals and Initiatives

A more collaborative labor-management relationship is generally characterized by:

-A greater acceptance of labor-management partnerships. -An increased willingness to share power. -More open and candid sharing of information. -Joint decision making on issues of common concern. -"Win-win" bargaining techniques. -Shared responsibility and accountability for results.

Strategies for Improving Employer-Union Relations

-Comply with applicable international standards and local laws governing unionization and other worker rights. -Comply with local regulations regarding informing and involving workers. -Develop fair grievance and alternative dispute resolution procedures with built-in appeals mechanisms. These should be regionally appropriate and available to all employees, regardless of union membership. -Implement joint study groups to solve common problems. -Treat union members equitably and respectfully. -Demonstrate genuine appreciation for employees' interest and involvement in workplace issues. -Consult with union leaders to defuse problems before they become grievances.

HR works with management and other functions to prepare strategies to mitigate the effects of a strike. Preparations can involve:

-Training managers to identify and report signs of union strike campaigns and employee/union unfair labor practices. -Organizing and training managers to take the place of workers. -Identifying and arranging for contingent workers if using replacement workers is legal. -Educating managers and supervisors about what they can and cannot do, thus helping avoid unfair labor practices.

The Grievance Process

1. Immediate Supervisor: Employees who feel mistreated or think that their contract rights have been violated file a grievance with the immediate supervisor. The supervisor must attempt to accurately determine the reason for the grievance and try to solve the problem 2. Next level. If the employee, supervisor, and union representative cannot solve the problem together, the formal written grievance proceeds to the next level in the hierarchy—the intermediate supervisor, department head, or unit manager and a higher-level union official 3. Higher-level management. If the grievance is not resolved within the time period set under the union contract, it usually goes to the next level, where, on the union side, a member of the grievance committee or a representative from the union structure is involved 4. Third-party determination. If the grievance is still not settled, a neutral outside arbitrator may be called in to settle the issue. At this stage, the highest levels of each side are usually represented.

Briscoe, Schuler, and Claus identify six characteristics that HR professionals should try to identify in labor groups with whom their organizations interact:

1. Level at which bargaining occurs 2. Focus of bargaining topics 3. Union penetration or density 4. Membership 5. Relationship with management 6. Role government will play

Labor Union or Trade Union

A group of workers who coordinate their activities to achieve common goals (e.g., better wages, hours, or working conditions; job security; training) in their relationship with an employer or group of employers. Members elect representatives to interact with management.

non-compete agreement (NCA)

A non-compete agreement prevents an employee from leaving to work for one of the employer's competitors. The agreement may specify a period of time and a geographical range within which the employee is barred from working for a competitor.

Sympathy Strike

Action taken in support of another union that is striking the employer. Contracts may include provisions prohibiting sympathy strikes.

Secondary Actioner Boycott

Attempt by a union to influence an employer by putting pressure on another employer—for example, a supplier.

Works councils are distinguished by their composition, which can include:

Both management and worker representatives. Only worker representatives who are overseen by a member of management. Only worker representatives with no management oversight.

Employment Contracts with International Assignees

Contracts with international assignees and global employees should specify which country's laws will apply to the contract and what jurisdiction will be applied in the event of litigation.

Mixed System ( codetermination)

Employee representatives are included, but they are only advisors (i.e., in a nonvoting capacity).

Employment contracts

Employer and employee rights and responsibilities are defined and agreements may be documented through employment contracts. Employments contracts must be formally amended. An employer seeking to change employment terms for workers after a purchase or merger may be restricted by acquired rights laws—unless the employer can prove economic hardship

"Avoidance" Labor Strategy

Employers may choose to avoid unionization because of the additional cost of managing a unionized workforce (especially one with multiple unions), the loss of flexibility in management decisions, and the increased time required to make and implement strategic decisions. The appeal of unions can be blunted by addressing the major reasons why employees consider joining unions—by offering competitive wages and benefits, cultivating trust and mutual respect, making sure employees are treated fairly and with transparency, maintaining a safe working environment, and fostering two-way communication with employees Communicate why you want to remain union free

According to international labor standards, which offering is most fundamental to the employment relationship?

Fair wages, labor rights, a living wage, and a standard workday are all fundamental in international labor law standards.

Freedom of Association

Freedom of association is the right of workers to join (or not join) an organization of their choosing without prior authorization by their employer.

Developing Policies and Procedures in Global Organizations

Global HRM emphasizes the need for policies that are consistent, fair, and transparent throughout the organization Fully standardized policies and procedures are not always possible because of the need for legal compliance and cultural adaptation

Employee Handbooks

HR is often directly involved in creating them Policies should be developed with a goal of communicating effectively with employees. They should be available in the language of the employee and in a form of media universally available

HR's Role in Policies and Procedures

HR's role is not necessarily to develop workplace policies or procedures. In some instances, HR: - Supports the development of policies by the organization's leaders - Facilitates development of procedures by other departments - Supports communication of policies throughout the organization

Dual system ( codetermination)

In addition to the typical management board, there is a supervisory board. Depending on the size of the employer, as many as half of the supervisory board members may be workers. Because this supervisory board has the authority to accept or reject the management board's decisions, organizations are essentially prohibited from implementing workplace changes without employee consent.

Employer Rights

In general, employers are allowed to direct the work of employees and conduct their organizations as long as they comply with relevant laws and contracts. They have the right to protect the organization's assets from damage, and they have the right to benefit from work performed by employees, unless contracts define other arrangements.

National Union

In many countries different trade or craft unions join national federations of unions. The confederation may be tight or loose

Factors Affecting the Collective Bargaining Process

Legal and Regulatory Bargaining Precedents Economic Conditions Public and Employee Opinion

Involving Managers and Supervisors in Employee Relations Strategy

Managers and supervisors must understand the organizational ER strategy and how that strategy is aligned with specific management practices In a workplace with organized labor groups, managers and supervisors should be able to explain the organization's labor strategy and posture Managers and supervisors should receive training on the organization's policies and procedures, especially regarding the handling of conflict and discipline and development opportunities

Are there work councils in the US?

No, they are seen as violations of Section 8(a)(2) of the National Labor Relations Act, which prohibits company-dominated unions.

"Acceptance" Labor Strategy

Organizations may accept unionization for good reasons. In some countries, third parties—both labor unions and works councils—may be well established historically and culturally and well protected legally. Unions may be the norm in certain industries. Some organizations may find the costs of fighting unionization efforts to be too high or too distracting.

Picketing

Positioning of employees at the place of work targeted for the action for the purpose of protest. Picketing can be used for similar purposes as strikes, but there is no work stoppage. In some cases, picketers may illegally interfere with commerce at the employer's site.

Sit Down Strike

Refusal by workers to work; also refusal by workers to leave their workstations, making it impossible for the employer to use replacement workers.

Over time ban

Similar to work-to-rule. Employees refuse to work any overtime, adhering to the hours stipulated in the contract.

Work-to-rule

Situation in which workers slow processes by performing tasks exactly to specifications or according to job or task descriptions.

Trade or Craft Unions

Specific trades or crafts, such as a union representing electrical, chemical, or atomic workers.

Exemptions to Employment at Will

Statutory law and judicial decisions have stepped in to define certain protections for both sides. These exemptions are recognized on a state level. - Public policy exemptions. Employees may not be fired without cause if this would violate state or federal laws. - Implied contract exemptions. Implied contracts (i.e., not written) are difficult to prove but can be created through certain employer actions, promises, or statements made by individuals or the organization as a whole. - Covenant of good faith and fair dealing exemption. It restricts actions that are seen as unjust or malicious.

Standards of International Labour Organization (ILO)

The ILO membership includes governments (currently 187 member states), employers, and worker groups. Together, these constituents shape policies and programs related to four strategic objectives: -Promote rights at work. -Encourage decent employment opportunities. -Enhance social protection. -Strengthen dialogue on work-related issues. Labor standards are developed through a complex process involving research and analysis, reports, comment or discussion sessions, drafts, revisions, and finally adoption as conventions by at least two-thirds of member nations.

non-disclosure agreement (NDA)

The employee agrees not to discuss knowledge gained during employment. This can include knowledge related to patented products, business models and strategies, customer information, or privileged information such as test results or pending litigation The agreement usually specifies a period of time during which the employee is barred from disclosure

Contract Negotiation Process

The negotiating process is designed to balance the rights and interests of employees, the union, and management through a two-way flow of communication. The negotiating team for collective bargaining is usually composed of a small group of management and union officials. The general process followed is that the union submits a contract proposal to the employer. The employer then has a certain amount of time to respond to the proposal and to negotiate its terms. The goal of contract negotiations is to arrive at a workable contract that is mutually acceptable to both the union and the organization. If the sides cannot agree, outside mediation and arbitration may be used.

Single tier system ( codetermination)

There is only one board of directors, but employee representatives are included as members.

Grievance Procedure

This process provides an orderly way to resolve the inevitable differences of opinion in regard to the union contract that develop during the life of the agreement.

"Adaptation" Labor Strategy

When a workplace is already unionized, the employer can define the type of relationship they want with third-party representatives: confrontational or collaborative. A confrontational relationship—involving difficult contract bargaining, contention over administration of agreements, and, if legally possible, seeking to oust or replace the union—offers an employer the possibility of greater control over labor decisions. With a collaborative union relationship, some organizations have found that unions and works councils help organize their relationship with employees, especially with large and complex bodies of employees

Wildcat Strike

Work stoppages at union contract operations that have not been sanctioned by the union.

Policy

a broad statement that reflects an organization's philosophy, objectives, or standards concerning a particular set of management or employee activities Properly conceived and implemented, policies are intended to help management and employees make intelligent decisions Policies, written or unwritten, are not permanent. The organization needs to periodically review policies and revise those that are obsolete

Codetermination

a form of corporate governance that requires a two-tiered corporate board structure—a typical management board and a supervisory board—that allows management and employees to participate in strategic decision making. Codetermination rights can be extensive and provide a means for employees to influence managerial decisions.

Mediation

a method of nonbinding dispute resolution involving a third party who tries to help the disputing parties reach a mutually agreeable decision. It is aimed at keeping labor and management negotiators talking so they can voluntarily reach a settlement.

Arbitration

a negotiated procedure in which labor and management agree to submit disputes to an impartial third party and abide by the arbitrator's decision. The arbitration process is more informal than court proceedings. As a result, it can usually concentrate on key issues and resolve disputes faster than litigation.

Unfair Labor Practice (ULP)

a violation of employee rights as defined in a country's labor statutes. In general, these rights relate to the core principles of the ILO on the right to organize and bargain collectively.

Single Enterprise Unions

all the employees of an employer, regardless of job type or skills, may be represented by a single enterprise union. These enterprise-level unions may join a larger national or industrial confederation.

Post-employment Agreements

intended to be legally binding and usually signed at hiring, aim at safeguarding the employer's right to protect its business by restricting the employee's behavior during and after employment.

employment at-will (EAW)

means that employers have the right at any time, with or without prior notice, to hire, fire, demote, or promote whomever they choose for no reason or any reason. Similarly, employees have the right to quit a job at any time for any reason, with or without prior notice.

Work Councils

permanent bodies composed of workforce members that represent employees, generally on a local or organizational level. Their primary purpose is information and consultation—to receive from employers and to convey to employees information that might affect the workforce and the health of the enterprise. Works councils are not involved in contract negotiation, which is conducted by unions

Industry Union

represents workers from different employers within a certain industry, such as steel or auto manufacturing

Intellectual Property

the ownership of innovation by an individual or business enterprise. In an enterprise, IP is the product of employee creativity and enterprise resources IP includes patented, trademarked, or copyrighted property, such as inventions and processes, graphical images and logos, names, indications of geographic origin, architectural designs, and literary and artistic works. IP also includes trade secrets and proprietary or confidential information

Collective Bargaining

the process by which management and union representatives negotiate the employment conditions for a particular bargaining unit. Bargaining may follow the recognition of a union's right to represent a work unit, or it may be triggered by the expiration of an existing contract. Bargaining covers items such as wages, benefits, and working conditions and may include other matters deemed important by the members.

Unions and HR's Role

the task of HR is primarily to support the organization's union relations strategy and administer contracts In other workplaces, unions may be seeking the right to represent employees, either for the first time in the workplace or in place of another union. In these cases, HR professionals should become familiar with the local process of unionization, which can vary significantly in different countries HR professionals should be familiar with the requirements unions must fulfill before they are allowed to represent employees in bargaining. They should also ensure that managers and supervisors are aware of any regulations limiting management's speech and behavior during this period HR can assist in one of management's primary rights: the right to communicate to employees its reasons for preferring to remain union-free.